Jackson v. Hitchcock
Supreme Court of Georgia
Guardian and ward. Jurisdiction. Illegality. Waiver. Service. Before Judge Robinson. Greene Superior Court. September Term, 1872. The petition of Samuel C. Hitchcock, former guardian of the person and property of Irby Hudson,. „a minor, to the Superior.
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Guardian and ward. Jurisdiction. Illegality. Waiver. Service. Before Judge Robinson. Greene Superior Court. September Term, 1872. The petition of Samuel C. Hitchcock, former guardian of the person and property of Irby Hudson,. „a minor, to the Superior. Court of Greene county, for the writ of certiorari, made the following case: At the April term, 1872, of the Court of Ordinary of said county, there came on to be tried an affidavit of illegality filed by petitioner to an execution founded on a judgment rendered against him by said Court, at the December term, 1871, on a proceeding commenced…
1Opinion of the Court
McCay, Judge.
1. Whatever may be the power of an Ordinary under our Constitution and laws over a guardian appointed by him and bound by the tenure of his letters to report to and obey the legal orders of the grantor of his letters, we are very clear that under the facts of this case the Ordinary of Greene county had no such power over Hitchcock. Hitchcock, after the removal of his guardianship to Hancock, became an officer of, and amenable to the Ordinary of Hancock. Whilst he was guardian he was bound to make his returns there — there was his bond — there the record x>f hi§ letters, his…
2Cited by5 opinions
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